A TROUBLED ex-social care worker was jailed - because there was no room at the inns.

A judge struggled with the conundrum of what to do with a woman who had flagrantly refused to comply with a suspended prison sentence.

The court case prompted head-scratching as the part-time judge tried to avoid jailing a tragic first-time burglar with a drink problem.

He tried to show “mercy” but had to jail the homeless woman because there was nowhere else for her to go.

The Teesside Crown Court hearing threatened to descend into farce at times this week. The irked judge, Recorder David Dobbin, moaned about having to look up his sentencing powers. He complained to a defence advocate: “You should be telling me rather than me having to look it up.”

It was suggested - and later rejected - the original suspended sentence might have been unlawful.

After an hour of intense debate and consideration, the judge found his hands were tied.

Sharon McCartney, 45, was at Teesside Crown Court to be sentenced for flouting a one-year prison sentence suspended for two years.

The sentence was imposed in July for burgling a flat in the block where she lived on Yarm Lane, Stockton and stealing three items of clothing.

McCartney admitted the burglary, her first serious offence - though she now denies it.

This week, the court heard how within a week she refused to obey the order and missed her first two appointments. The judge said: “She’s just refused completely from the beginning.

“You’ll understand my reluctance to tell her she’s got to serve 12 months in custody, but I’m searching for a valid alternative.”

The mum-of-seven could not be given a curfew or community sentence because she was homeless and a place could not be found for her.

The judge asked where she would go if she walked free. “Heaven only knows, because I don’t,” replied Peter Wishlade, defending. “There’s nothing of any description anywhere.”

At first it seemed McCartney would rather be jailed. But then she spoke from the dock saying: “I’ll go to probation.

“Now I know probation can help you a lot. I’m off the drink now. I don’t want to be an alcoholic any more. I just want to go home.”

Mr Wishlade said McCartney, who had a 20-year career in the care industry behind her, resorted to alcohol and developed a drinking problem.

He told of a tragic life where her husband of 26 years died about nine months ago, and one of her daughters killed herself after being raped.

He said: “Primarily because of accommodation difficulties, nothing really can be done. I don’t really know what to suggest.”

He said it would be “on the harsh side” to activate the full 12-month burglary sentence.

In the end, he reduced the sentence because McCartney had kept out of trouble in the last few months. He imprisoned her for 30 weeks.